Spar Harare (Pvt) Ltd v Patrick Mapuranga & Moses Matsengarwodzi

[2016] ZWLC 698

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Case Details

Court

Labour Court

Date

4 November 2016

Citation

[2016] ZWLC 698

Judgment No.

LC/H/698/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

G Musariri

Full Bench

G Musariri

Areas of Law

Labour lawArbitration jurisdiction

Keywords

Terminal benefitsDispute of rightLabour officer jurisdictionAmendment of Labour Act

Key Issues

{"issue_text":"Whether the arbitrator had jurisdiction to determine a dispute of right after the amendment of section 93(5) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"The dispute concerned terminal benefits; the Labour Amendment Act No 5/15 was promulgated before referral to arbitration"}
{"issue_text":"Whether the arbitrator erred by failing to stay the determination pending a constitutional application","issue_type":"procedural","dispositive":"no","related_facts":"The court found it unnecessary to deal with this ground"}

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Facts of the Case

Background

The respondents, former employees of Spar Harare (Pvt) Ltd, filed a complaint for non-payment of terminal benefits after their services were terminated on 31 July 2015. A labour officer referred the matter to arbitration, resulting in an award ordering payment of USD23 179.42. The employer appealed, arguing the arbitrator lacked jurisdiction due to amendments to the Labour Act.

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